Posts Tagged ‘parole’

Utah Sex Offender Restrictions for Parole

Oct
30
Utah Criminal Defense Blog, on the topic of  Utah Law
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In Utah, a sex offender is any person (adult or juvenile) who is required by law to be registered as a sex offender due to an offense committed against a person who is 18 years old or younger. When a sex offender is eligible for parole in Utah, there are specific locations he is restricted from visiting.

Photo: Paradigm

What are Protected Areas?

Protected areas include:

• any licensed daycare or preschool facility
• any swimming pool open to the public
• a public or private elementary or secondary school not located on the grounds of a correctional facility
• public community parks
• public playgrounds
• under certain conditions, areas 1000 feet or less from an accuser’s (of the particular sex offender) residence

In order for the last protected area listed to be truly off limits, the sex offender must be:

• on parole for a sex offense
• the accuser or his parent or guardian has requested that the offender be restricted from the area
• the offender has been notified in writing and with a physical description of the restricted area

Penalty for Visiting a Protected Area

Generally, it is a class A misdemeanor for a convicted sex offender to stray into a protected area. There are a few exceptions, however:

• The offender needs to be in a protected area to carry out specific parental duties
• When the protected area is a school building and
• It is opened and being used for a public activity and
• Not being used for a school-related function for people 18 years old or younger
• When the protected area is a licensed daycare or preschool facility and
• Is located within a building used for public purposes, services or functions besides the day care facility and the offender doesn’t stray into the preschool/daycare part of the building

Talk to a Utah Criminal Defense Attorney

If you have legal questions or concerns about any criminal case you’re involved in, whether it’s related to a sex offense or other matter, don’t wait to contact a Utah criminal defense attorney. Let your attorney guide you through the sometimes confusing legal process and help you get your life back on track. Make the right phone call today.

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Medical Parole for California Inmates

Oct
17
Utah Criminal Defense Blog, on the topic of  Criminal Defense Misc
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California legislators have passed a law that will allow certain county inmates the possibility of early medical parole under specific conditions.

Photo: David Ohmer

Referred to as “compassionate release,” the measure was initially requested by the Los Angeles County sheriff as a way to save money and open up jail space for more serious offenders.

An inmate may be eligible for medical parole if he is:

• Confined to a bed
• In a coma or on a respirator
• In need of special accommodations which consist of guards standing by his bed

In order to receive medical parole, a doctor would have to certify that the inmate is physically incapacitated and presents no threat to society. Also, some inmates may be able to receive medical parole if they are believed to have six months or less to live.

There was opposition to the legislation from California district attorneys and a crime victim’s group. The crime victim’s group didn’t agree with the bill due to the fact that victims and their families wouldn’t be consulted about an inmate’s early release.

On the other hand, a state lawmaker noted that using state funds to provide constant medical care and guards for low-risk inmates is a waste of taxpayer dollars.

What’s your opinion? Does this legislation make sense or is it inappropriate to release any inmate early regardless of the circumstances? How do you feel about your tax dollars being spent to keep alive an offender who committed a relatively minor crime? Or do you feel that once the state convicts a person of a crime, they are taking complete responsibility for that person’s health?

We’re sure that, just as reported, some of you agree with the bill and others worry more about the public safety aspect. This situation is a perfect example of why you should talk to your lawmakers about any proposed laws you don’t agree with.

If you have additional questions about this story, or any criminal problems you are dealing with, don’t wait to contact a Utah criminal defense attorney for help.

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Authority of Utah Board of Pardons and Parole

Nov
29
Utah Criminal Defense Blog, on the topic of  Criminal Defense Misc
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The Utah Board of Pardons and Parole has the responsibility of determining when and under what conditions a person can:

Photo: Pearl Vas

• Be released upon parole
• Be pardoned
• Be ordered to pay restitution
• Have his fines, forfeitures or restitution remitted
• Have his sentences commuted or terminated

None of the above actions can take place until after a full hearing before the Board or the Board’s appointed examiner in open session.

Notice of a Utah Board of Pardons and Parole Hearing

When the Utah Board of Pardons and Parole sets up an original parole grant hearing, rehearing or parole revocation hearing, the following people shall receive notice of the time and location of the hearing:

• Defendant
• Prosecuting office (county or district attorney)
• Sentencing court
• Law enforcement officials responsible for the defendant’s arrest and conviction
• Victim or victim’s family (whenever possible)

Any decision the Board makes is final and is not subject to review by a judge. Any civil judgment, however, is not affected by the Board’s decisions.

When the Board deliberates on whether to terminate someone’s parole, they shall take into consideration the offense committed by the person on parole, the parole period and other pertinent information.

The Board’s Role in Commuting a Death Sentence

When a person has been sentenced to death in Utah, the Board may consider commuting the death sentence only to life in prison without parole. The only people who can petition the Board for commutation of a death sentence is the person himself or his legal counsel.

If the petition raises a substantial issue which was not reviewed during the judicial process, they may conduct a hearing. The state may present evidence and argument as allowed by the Utah Board of Pardons and Parole at such a hearing.

The Board is not allowed to consider legal issues which:

• Include Constitutional issues
• Have been previously reviewed by the courts
• Should have been raised during the judicial process
• If based on new information, are subject to judicial review

Hiring an Attorney

When a person is seeking parole, pardoning, commutation of a sentence or any of the other issues that the Board of Pardons and Parole considers, he needs to have the expertise of a Utah criminal defense attorney handling his case. There are many variables at play in the legal world, and it takes a person who has had training and experience to navigate them successfully.

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Convicted Utah Man Denied Parole

Jun
02
Utah Criminal Defense Blog, on the topic of  Crimes, Legal Process, Utah Crime News
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Ruben Chavez-Reyes was convicted in October 2010 of obstructing justice, burglary and evidence tampering in connection with the January 2010 murder of a Millard County deputy sheriff. He was denied parole by the Utah Board of Pardons and Parole yesterday. Chavez-Reyes will continue being imprisoned for a minimum of 5 ½ years, as his next parole hearing is scheduled for January 2017.

Photo: Andrew Bardwell

According to Chavez-Reyes, he thought he was helping a friend, the accused cop-killer, by taking him to Salt Lake City following the incident, which Chavez-Reyes stated he knew nothing about and was not involved in. Chavez-Reyes was sentenced to 1-15 years in prison for obstruction of justice and 5 years for burglary. The alleged killer is awaiting trial, charged with aggravated murder.

The Utah Board of Pardons and Parole, which consists of five members, was created by the Utah Constitution. This Board has the authority to determine how much of an imposed sentence range will be served in custody. Additionally, the Board also determines the nature of the release (parole or termination) of an inmate from prison, the conditions of release and the amount of any restitution, fines and/or fees to be paid.

The Board has the ultimate decision on which inmates get out of prison, and decisions they make are not subject to judicial review, which means that an individual cannot appeal to any court authority if they disagree with the Board. When determining who is eligible for release from prison, the Board takes several considerations into account: 

  • The nature and severity of the crime(s) committed;
  • The harm done to the victim and society;
  • The continued risk posed by the inmate; and
  • The inmate’s behavior and programming efforts while in prison.

A majority of the Board, at least three members, must agree on any inmate’s release.

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Posted in Crimes, Legal Process, Utah Crime News | No Comments »

What is the difference between probation and parole in Utah?

Sep
08
Clayton Simms, Criminal Defense Attorney, on the topic of  Legal Process, Utah Court
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These two can easily be confused if you’ve never had experience with the Utah criminal justice system. Here is the difference between probation and parole in Utah.

Probation is part of a person’s sentence. It allows the offender to be released into the community rather than serving their sentence in a jail or prison. A judge sets conditions on the offender that the offender must follow if he wants to stay on probation. If the offender violates the conditions of his probation, a judge can order the offender to prison to serve the rest of his sentence. It is much better to be on probation than in prison.

Parole is similar to probation, but slightly different. Parole is the release from prison before an offender completes his sentence. Often, parole is granted if the offender was well behaved in prison and the Board of Pardons and Parole (who grants parole) thinks that the offender can be released into the community. Offenders on parole are subject to strict conditions established by the Board of Pardons and Parole and are assigned a parole officer while on parole. Like probation, if the offender violates the conditions of his parole, the Board of Pardons and Parole can order the offender to return to prison.

The biggest difference between the two is that probation is part of sentencing by a judge, and parole is imposed by the Board of Pardons and Parole after an offender has served a prison term.

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Posted in Legal Process, Utah Court | No Comments »